Impaired Driving

Reducing alcohol related crash fatalities and injuries is a priority for the Office of Highway Safety. Over the past several years, significant progress has been made.

The Office of Highway Safety provides public education and support for law enforcement agencies to combat impaired driving.

Law enforcement is constantly watching for impaired drivers as they patrol the roads. Additionally, many law enforcement departments conduct compliance checks on retailers selling alcohol. The Judicial system is using innovative solutions such as the "24/7" program, 1st Offender DUI classes and DUI Court to battle impaired driving.  All of these programs are supported by the Office of Highway Safety.

Contact the Office of Highway Safety for information about local programs in your area.


Drunk Driving Facts

  • Every day, 28 people die from drunk driving crashes in the U.S.
  • 1 out of 3 traffic crash fatalities involve drunk drivers.
  • Even a small amount of alcohol can affect driving ability; thousands of Americans are killed in alcohol related crashes where BAC is less than 0.08.
  • Impaired driving crashes cost the U.S. tens of billions of dollars each year.


Impaired Driving Campaigns

The 2017 “15 Minutes a Night” campaign encourages people to step up and be a DD for just 15 minutes a night.

For more information on campaign initiatives, contact us or see the campaign library.


Impaired Driving FAQs

What is the legal blood alcohol concentration level in South Dakota for determining if a person is driving while under the influence of alcohol?

If an individual has 0.08 percent or more by weight of alcohol in their blood, as shown by chemical analysis of their breath, blood, or other bodily substance, they are presumed to be driving under the influence of intoxicating liquor.

Do I have to be driving my vehicle to be charged with driving under the influence?

No. An individual who is in actual physical control of a motor vehicle can be charged with DUI, even if they are not actually driving the vehicle. For example, an intoxicated person behind the wheel of a vehicle with the keys in the ignition could still be charged with DUI.


Do I have to have a BAC level of .08 to be charged with driving under the influence?

No. If it is evident that alcohol consumption rendered a driver incapable of driving safely, the driver can be charged with driving under the influence of alcohol. However, if your BAC level is under .05, you are presumed to NOT be under the influence of alcohol.


What is the penalty for driving under the influence?

A DUI has serious consequences including fees and other financial responsibilities, sobriety testing and education, the revocation of your driver license and even jail time.

  1. Punishment for first offense
  2. Punishment for second offense
  3. Punishment for third offense
  4. Punishment for fourth offense
  5. Punishment for fifth offense